STAND. COM. REP. NO. 3013

Honolulu, Hawaii

RE: S.B. No. 2046

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2046, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO UNDERGROUND STORAGE TANKS,"

begs leave to report as follows:

The purpose and intent of this measure is to require an owner or operator of an underground storage tank or tank system with a confirmed release to meet certain standards for the restoration of the environment.

Your Committee received testimony in support of this measure from the Sierra Club of Hawaiʻi, ʻAhahui o nā Kauka, Shimanchu Wai Protectors, Free Access Coalition, Chamber of Sustainable Commerce, Environmental Caucus of the Democratic Party of Hawaiʻi, Hawaiʻi Alliance for Progressive Action, and sixty individuals.

Your Committee received testimony in opposition to this measure from the Board of Water Supply of the City and County of Honolulu.

Your Committee received comments on this measure from the Department of Health, Office of Hawaiian Affairs, Kupuna for the Moʻopuna, Hawaii's Thousand Friends, and 350Hawaii.org.

Your Committee finds that the catastrophic Red Hill Bulk Fuel Storage Facility leak in November 2021 demonstrated the devastating consequences of regulatory failures that have allowed numerous fuel leaks to threaten Oahu's precious sole-source aquifer. Your Committee further finds that past releases of jet fuel and hazardous chemicals from the Red Hill Bulk Fuel Storage Facility have not yet been fully recovered to date. The unrecovered contaminants will continue to pose a serious health and safety threat to the future of the Oahu's environment, ecosystem, and sole-source aquifer that provides potable drinking water to people across the island. This measure sets environmental restoration standards for the release of jet fuel from underground storage tanks to protect present and future generations from the harmful effects of drinking water containing jet fuel and related contaminants.

Your Committee has amended this measure by:

(1) Inserting an effective date of March 22, 2075, to encourage further discussion; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2046, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2046, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

________________________________

KARL RHOADS, Chair